If you or a loved one were injured due to medical malpractice, you may qualify for compensation. A Newark medical malpractice lawyer can represent you and handle your case from start to finish.
Some of the specific causes of death in a medical malpractice case include:
- Anesthesia mistakes
- Misdiagnosis or failure to diagnose
- Surgical errors
- Failure to treat procedure complications
- Medical equipment malfunctions
Medical malpractice has far-reaching consequences on many aspects of your life. It can render you incapacitated and unable to do the usual tasks you could do before the error. In the worst-case scenario, you can suffer acute paralysis, making you lose the ability to walk.
In such cases, you are vulnerable and at the mercy of the law and the rights and damages. Our team will work hard to help you secure financial settlements, monetary compensation, and other damages accrued in the course of the error. Call (212) 751-9800 for a free case evaluation with a member of the Morelli Law Firm team.
Common Areas of Medical Malpractice
Medical professionals have a duty to uphold a standard level of care for all patients. Failure to uphold the standard results in unnecessary infections and illnesses. The resulting harm to the patient is the foundation of a medical malpractice case. A Newark medical malpractice lawyer can help you preserve your victim rights.
Different states have different standard deadlines within which a victim can file a medical malpractice lawsuit. Depending on the prescription in the statutes of limitation in your state, your attorney can file a claim within the specified period. In Newark, New Jersey, N.J. Statute § 2A-14-2(a), provides a time limitation of two years for malpractice cases.
Claims for Medical Malpractice
Medical malpractice law has various types of claims including:
- Surgery errors
- Failure to diagnose
- Prescribing errors
- Leaving objects behind
- Birth injuries
- Nursing home neglect
Such errors result in terminal conditions which may incapacitate you. For example, surgery errors cause life-threatening injuries and sometimes death. The mistake may include operating on the wrong part of the body or damaging a major nerve or artery. Improper administration of anesthesia during surgery is also considered medical malpractice. Such a misstep is detrimental to the life of the patient.
If you have suffered injury through the negligent behavior of a medical professional in Newark, New Jersey, please call Morelli Law Firm for a free consultation. Our legal team can discuss the issue with you: (212) 751-9800.
Misdiagnosis or Delayed Diagnosis Is a Common Cause of Medical Malpractice
Malpractice is a form of negligence on the part of the healthcare professional. The most common reason for a medical malpractice lawsuit is misdiagnosis or delayed diagnosis. A misdiagnosis happens where the healthcare provider misdiagnoses the patient. It is dangerous because the patient does not know the true diagnosis. Also, the treatment administered is for the wrong condition.
When a new physician makes the right diagnosis, it is often too late and that puts your life in jeopardy. Delayed diagnosis is where the healthcare provider realizes the right diagnosis, but when the condition has escalated. This means that the physician disregarded proper medical tests while you were suffering. Using the “but for” test, you would not have suffered the same complications, but for the delay.
Many people do not understand the liability and negligence statutes. Speaking with an advocate who handles these types of cases helps you navigate through the complex procedures of the law. That is why we encourage you to call Morelli Law Firm. We will help you prove your case while you focus on recovery.
Newark Medical Malpractice Lawyer Near Me 877-751-9800
Proving Your Medical Malpractice Claim
You are eligible to file for a medical malpractice claim for damages where either you or your loved one has suffered injuries due to the errors of a medical professional. You need specific proof to proceed with a medical malpractice case. A Newark medical malpractice lawyer can assist you to prove that the negligent act of the other party was the direct cause of your injuries.
Certain conditions need fulfilling for you to have a successful medical malpractice claim. The conditions are, doctor and patient relationship, negligent care, injuries sustained, and damages. Your attorney has to establish a relationship between you and the doctor that caused your injuries. The documentation in your medical records should link the negligent health provider to the harm caused.
On negligent care, your attorney has to prove that the doctor failed to uphold the medical standard of care needed. In regard to sustained injuries, you must prove that the injuries you have are the result of the careless actions of your doctor. Your medical records should link all your injuries to the medical providers for you to have a successful claim. You must also show that you sustained damages as a result of medical malpractice.
The following are some of the damages you sustain in medical malpractice:
- Medical bills incurred from the injuries
- Lost wages as a result of the inability to work or time off for your recovery
- Pain and suffering
- Emotional distress, which is, in legal terms, defined as “suffering in response to an experience caused by the negligence or intentional acts of another” (Legal Information Institute)
Affidavit of Merit in a Medical Malpractice Case
The law in New Jersey requires a medical malpractice claimant to provide an affidavit of merit. The document should state that there is a reasonable likelihood your injury was the result of negligent medical treatment. In such a case, the court requires an expert opinion from a qualified medical expert. The expert should declare under oath that the care, skill, or knowledge exercised or exhibited in your treatment fell below the accepted standards of the medical community.
You must file the affidavit of merit within 60 days from the date the health care professional files a formal response to your complaint. The court can, however, extend the period where there is evidence showing reasonable cause to grant the extension. Failure to submit an affidavit of merit can render your case voidable.
Call Today for Your Free Consultation
If you believe you have suffered a severe injury as a result of medical malpractice, connect with a Newark medical malpractice lawyer to discuss your case. Our team is always ready to help you.
For a free legal consultation today to discuss your case, call Morelli Law Firm today at (212) 751-9800.